A Social Worker Affidavit is prepared and submitted by the Social Worker at the time an Order of Temporary Custody (OTC) is being submitted to the court. 

The purpose of the Affidavit is to provide the court with a notarized statement of facts by the Social Worker detailing the events leading to and supporting the request for an OTC.

The Affidavit shall contain initial and closing statements, which contain the applicable universal language as stated in the attached sample. 

The substance of the Affidavit shall be presented between the initial and closing statements and shall be formatted in numbered paragraphs. 

All statements made in an affidavit are made under oath and must be true, to the best knowledge and belief of the affiant.  An affiant who includes any statements that the affiant knows to be false may face criminal perjury charges. 

Legal reference:  Connecticut General Statutes, § 53a-156. 

It is not necessary to state the prior history of the case in detail.  A brief paragraph summarizing the family history and any previous juvenile court activity may be included to put the facts supporting the OTC in context. 

The information presented by the Social Worker in the Affidavit may not, by itself, necessarily suffice to obtain an OTC.  To contribute to the overall context of the case the following may be included: 

· affidavit(s) from professionals who can attest to the child’s needs, the parents’ ability to meet those needs, and why an OTC is necessary to secure the child’s safety, and

·affidavit(s) from any other person(s) with direct knowledge of the facts upon which the OTC is based. 

An affiant can only state what he or she directly heard or saw and can only offer an opinion in an area in which he or she specializes. If a hearsay statement (a statement made by someone other than the affiant) is included, the direct witness shall be subpoenaed to testify at the OTC hearing. 

Because an ex parte OTC is granted in an emergency situation, without giving the parents an opportunity to present their side of the issue, it is important that the affidavit fairly discloses all relevant facts, including those facts that support the parents’ position.   

All relevant exculpatory evidence must be included, as well as relevant information favorable to the parent.  For example, a mother’s position that hospital staff lied about her visits to the child should be included in the affidavit.  The judge can give whatever weight to this statement that he or she deems appropriate.